People v Ali
2008 NY Slip Op 08330 [55 AD3d 919]
October 28, 2008
Appellate Division, Second Department
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Abas Ali,Appellant.

[*1]Michael G. Paul, New City, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R. Kassof counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered November 14, 2006, convicting him of rape in the third degree, upon his plea of guilty, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his plea was not knowing, intelligent, and voluntary because he wasnot informed of the impact of his required registration under the Sex Offender Registration Act(Correction Law art 6-C), is unpreserved for appellate review as the defendant failed to move towithdraw his plea on this ground (see Peoplev Ross, 52 AD3d 624 [2008], lv denied 11 NY3d 741 [2008]; People v Rodriguez, 51 AD3d 1043[2008]; People v Nash, 48 AD3d837 [2008]). In any event, the contention is without merit (see People v Vere, 44 AD3d 690 [2007]).

The defendant's contention that he was denied the effective assistance of counsel, thereby renderinghis plea involuntary, involves matter dehors the record, which cannot be reviewed on direct appeal (see People v DeLuca, 45 AD3d 777[2007]; People v Herdt, 45 AD3d698 [2007]; People v Rusielewicz,45 AD3d 704 [2007]). Fisher, J.P., Lifson, Covello and Balkin, JJ., concur.


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